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C.C.S.M. c. F195

The Funeral Directors and Embalmers Act

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1           In this Act,

"approved school" means a school approved by the board; (« école agréée »)

"articled student" means a person who is articled to a licensed embalmer in accordance with the regulations; (« stagiaire »)

"board" means the Board of Administration established under this Act; (« Conseil »)

"certificate of qualification" means a certificate of qualification issued under this Act; (« certificat de compétence »)

"embalming" means the preservation of part or all of a dead human body by the use of chemical substances, fluid or gases, ordinarily used, prepared or intended for such purposes, either by the outward application of such chemical substances, fluids, or gases on the body, or by the introduction thereof into the body by vascular or hypodermic injection or by direct application into the organs or cavities, and "embalm" has a corresponding meaning; (« embaumement »)

"funeral director" means a person who operates for himself or under his own or any other name for another person, partnership, firm or corporation, a business for the purpose of furnishing funeral supplies and services to the public; (« entrepreneur de pompes funèbres »)

"licence" means a licence issued under this Act; (« licence »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"permit" means a permit issued under this Act; (« permis »)

"register" means the register kept by the board. (« registre »)

Board

2(1)        The Lieutenant Governor in Council shall appoint a board to be known as the Board of Administration consisting of a person designated by the minister from within his department and five other persons of whom two and not more than two shall be licensed funeral directors.

Chair

2(2)        The person designated by the minister under subsection (1) shall be the chair of the board.

Term of office

2(3)        Unless he sooner resigns or is removed from office, each member of the board, other than the chair of the board, shall, subject to subsections (4), hold office for a period of three years from the date of his appointment and thereafter until his successor is appointed.

Vacancy

2(4)        Where a member of the board ceases to be a member prior to the expiration of his term of office, any person appointed to fill the vacancy so created, unless he sooner resigns or is removed from office shall hold office for the remainder of the term of office of the member in whose place he is appointed and thereafter until his successor is appointed.

Re-appointment

2(5)        A member of the board whose term of office has expired is eligible for re-appointment to the board.

Filling of vacancies

2(6)        In case of a vacancy on the board, the Lieutenant Governor in Council shall, subject to subsection (1), fill the vacancy so created.

Quorum

2(7)        Three members of the board constitute a quorum.

Vice-chair

2(8)        The board shall elect one of its members as vice-chair, and another as secretary-treasurer.

S.M. 2008, c. 26, s. 15.

Hire of personnel

3           The board may employ such officers, clerks and other persons as it requires, and pay to them such amounts as are determined by the board.

Meetings

4(1)        The board shall hold meetings a least twice in every year at such time and place as is deemed advisable by the majority of the members, and may hold additional meetings at the call of the chair, or in his absence, at the call of the vice-chair, or of any two members.

Notice of meetings

4(2)        Notice of every meeting shall be sent by the chair by mail or electronic mail to every member of the board at his address as last entered upon the register, kept and maintained by the board, not fewer than seven days before the day on which the meeting is to be held.

Waiver of notice

4(3)        Notwithstanding any of the provisions of this section, where all members of the board are present and waive notice and consent to the holding of a meeting, a meeting of the board may be held at any time and place.

S.M. 2008, c. 26, s. 3 and 15.

Powers of chair and vice-chair

5           Where it is not possible to convene a meeting of the board and any matter or thing arises that requires the urgent attention or consideration of the board, the chair, or in his absence, the vice-chair, may act for the board and at the next meeting of the board, the chair or the vice-chair, as the case may be, shall report to the board the nature of the matter or thing and the action taken by him with respect thereto.

S.M. 2008, c. 26, s. 15.

Effect of decision of chair

6           The decision of the chair, or vice-chair, under section 5 may be altered or reversed by the board.

S.M. 2008, c. 26, s. 15.

Audit

7(1)        The receipts and expenditures of the board shall be audited annually by the Auditor General.

Moneys and securities

7(2)        All moneys and securities received or held by the board shall be held in the name of "Board of Administration under The Funeral Directors and Embalmers Act"; and the moneys may be deposited in a branch of a bank and may be withdrawn upon the signatures of any two of the chair, vice-chair, and secretary-treasurer.

S.M. 2001, c. 39, s. 31; S.M. 2008, c. 26, s. 4 and 15.

Funeral director's licence required

8(1)        No person shall hold himself out to be a funeral director unless he is a licensed funeral director or is the holder of a permit issued by the board under this Act.

Embalmer's licence or permit required

8(2)        No person shall embalm a dead human body unless he is a licensed embalmer or is the holder of a permit issued by the board under this Act.

Exception

8(3)        Subsection (2) does not apply

(a) to an articled student working under the direct supervision of a licensed embalmer; and

(b) to a student of, or a qualified person employed in, or authorized by, a recognized school of medicine.

Licence renewals

9(1)        The board may issue a funeral director's licence or an embalmer's licence and any renewal thereof to a person who

(a) is the holder of a certificate of qualification;

(b) is not less than 18 years of age; and

(c) has complied with the requirements of the regulations.

Expiration

9(2)        Every licence and every renewal thereof expires on December 31 next following the date of the licence or renewal.

Permits

10(1)       For the purpose of serving the public in sparsely settled areas of Manitoba, the board may issue a permit to a person who is not the holder of a certificate of qualification.

Terms and conditions

10(2)       Notwithstanding section 8, a permit may be issued upon such terms, and subject to such conditions, as the board may prescribe, authorizing the person therein named to perform the services or do the acts therein described.

Expiration

10(3)       Every permit expires on December 31 next following the date thereof or upon an earlier date as the board may determine.

Certificate of qualification

11(1)       The board may issue a certificate of qualification to any person who

(a) has complied with the regulations and has satisfied the board that he is a fit and proper person to be the holder of a certificate of qualification, and,

(i) has served the period under articles required by the regulations and completed a course approved by the board, or

(ii) is the holder of a certificate of qualification issued under any other Act of the Legislature relating to embalmers and funeral directors, or

(iii) satisfies the board that for a period of not less than five years he held a licence and was engaged as an embalmer in a jurisdiction designated by the regulations;

(b) satisfies the board that he is of good moral character;

(c) passes the examinations prescribed by the board; and

(d) pays the prescribed fee therefor.

Special training

11(2)       Notwithstanding anything in this section, the board may grant or issue a certificate of qualification to a person who applies therefor and who has had special training or experience as a funeral director or embalmer either in or outside Manitoba.

Suspension of licence or permit

12(1)       The board may, for cause, suspend the licence or permit of any person for such period, and upon such conditions, as it deems proper.

Reprimand or fine

12(1.1)     The board may, for cause, issue a reprimand to a person who holds a licence or permit, or order the person to pay to the board a fine of not more than $10,000, or both.

Imposing conditions on a licence

12(1.2)     If the board issues a reprimand to a person who holds a licence or permit, the board may also impose any conditions on the licence or permit, and for any period, that it considers appropriate in the circumstances.

Revocation or cancellation

12(2)       The board may revoke a person's certificate of qualification, or cancel his or her licence or permit, or both, for any of the causes prescribed in the regulations.

Hearing

12(3)       Before a reprimand is issued, a fine is imposed, a certificate of qualification is revoked or a permit or licence is suspended or cancelled, the board shall, by notice in writing, advise the holder of the certificate, permit, or licence of the complaint or charge made against him, and shall afford him an opportunity of appearing before the board and of presenting such evidence and making such representations as he desires.

Power of board at hearing

12(4)       The board has in respect of a hearing under this section or section 13, the same powers as are conferred upon a commissioner under The Manitoba Evidence Act.

Written decision

12(4.1)     Within 60 days after a hearing is completed, the board must

(a) make a written decision on the matter, consisting of a statement of the decision made by the board and the reasons for it; and

(b) provide a copy of the decision, by registered mail, to the holder of the certificate of qualification, licence or permit.

Costs

12(4.2)     The board may order the holder of the certificate of qualification, licence or permit to pay all or any part of the costs incurred by the board in connection with the hearing.

Appeal

12(5)       Any person who has been issued a reprimand or ordered to pay a fine or costs or whose certificate of qualification has been revoked or whose permit or licence has been suspended or cancelled under this Act may, within 30 days after receipt of notice in writing of the decision of the board, apply to a judge of the Court of Queen's Bench; and the judge may review the decision of the board, and may make such orders, and give such directions, as he deems proper, and his decision is final.

Publication of information

12(6)       The board may publish

(a) the name of the holder of a certificate of qualification, licence or permit in respect of whom a decision is made under this section; and

(b) the circumstances relevant to the findings and decision.

S.M. 2008, c. 26, s. 5.

Failure to pay

12.1(1)     If a person is ordered to pay a fine or costs and fails to do so within the time ordered, the board may, without a hearing under subsection 12(3), suspend his or her licence or permit until payment is made.

Filing an order

12.1(2)     The board may file an order to pay a fine or costs in the Court of Queen's Bench, and once filed, the order may be enforced in the same manner as a judgment of the court.

S.M. 2008, c. 26, s. 6.

Refusal to grant certificate, licence or permit

13(1)       The board may, after a hearing, refuse to grant a certificate of qualification, licence or permit for any of the reasons that the certificate, licence, or permit, if granted, could be revoked or cancelled.

Appeal

13(2)       Subsection 12(5) applies with such changes as the circumstances require in a case where, under subsection (1), the board has refused to grant a certificate of qualification, licence or permit to a person applying therefor.

S.M. 2008, c. 26, s. 7.

Reissue of certificate of qualification

14          Where the certificate of qualification of a person has been revoked, the board may reissue a certificate of qualification to him if

(a) he satisfies the board that he is of good moral character and that he is a fit and proper person to be the holder of a certificate of qualification; and

(b) he pays the prescribed fees.

Power of board to enter place of business

15(1)       The board, or any person authorized by the board, may enter and inspect at all reasonable times any place in which the business of a funeral director or an embalmer is carried on under this Act.

Licence for premises from which funerals are conducted

15(2)       The board may require the owner of a business that offers the services of an embalmer or a funeral director or both,

(a) to register with the board, the name and licence number of the funeral director who is responsible for the conduct of the business; and

(b) to register with the board the address of each building from which the business is conducted; and

(c) to pay to the board such fee for each registered address as may be prescribed by the regulations.

Board to make information available to public

15.1        The board must make available to the public the name of every licensed funeral director, licensed embalmer and holder of a permit or certificate of qualification issued under this Act, and any other information specified in the regulations.

S.M. 2008, c. 26, s. 8.

Schools

16          The board may

(a) approve, establish or maintain any school or college that has for its purpose, instruction in embalming and general preparation for and burial of the dead human body; and

(b) pay out of the funds held by the board such amounts as it deems proper to assist in the establishment or maintenance of any such school.

Code of ethics

16.1(1)     The board must prepare and publish a code of ethics for funeral directors and embalmers that includes standards of conduct pertaining to the business of being a funeral director and the practice of embalming.

Complying with code of ethics

16.1(2)     A holder of a licence, permit or certificate of qualification must comply with the code of ethics.

S.M. 2008, c. 26, s. 9.

Requirement to disclose information

16.2(1)     A funeral director, or a person acting for or on behalf of a funeral director, who sells, offers for sale, or negotiates a sale of any of the supplies or services provided by the funeral director must disclose information about those supplies and services to the purchaser or a prospective purchaser, or to any other person requesting it, in accordance with this section and the regulations.

Time to disclose information

16.2(2)     The funeral director or person acting for or on behalf of a funeral director must disclose the information specified in the regulations before the earliest of the following occurs:

(a) any supplies or services are provided by the funeral director;

(b) the purchaser makes a payment in connection with the provision of the supply or service;

(c) the purchaser enters into the sale.

S.M. 2008, c. 26, s. 9.

Regulations

17          Subject to the approval of the Lieutenant Governor in Council, the board may make regulations

(a) prescribing the equipment, facilities and other requirements for approved schools or colleges;

(b) prescribing the requirements for admission to approved schools or colleges;

(c) prescribing the courses of training and instruction for students;

(d) providing for a system of instruction for students under articles;

(e) providing for the registration of articled students with the board;

(f) providing for the examinations of candidates for certificates of qualification;

(g) designating jurisdictions for the purpose of sub-clause 11(1)(a)(iii);

(h) providing for special courses of training and instruction for holders of certificates of qualification and requiring holders of certificates of qualification to take all or any of such courses;

(i) providing for the issue of certificates of qualification, and the issue and renewal of licences and permits;

(j) prescribing the fees payable to the board by articled students and applicants for certificates of qualification, and for the issue and renewal of licences and permits, including special fees payable in special circumstances;

(k) prescribing minimum standards for the premises, accommodation, and equipment of funeral directors and providing for the inspection and approval thereof;

(l) governing the premises where dead human bodies may be embalmed and the methods and materials that may be used;

(m) prescribing causes for which, under subsection 12(2), a certificate of qualification may be revoked or a licence or permit cancelled, governing the issuance of reprimands, the imposition of conditions on licences or permits, the imposition of fines and costs, the revocation of certificates of qualification and the suspension or cancellation of licences and permits, and governing the procedures for hearings about those matters;

(n) prescribing the books and records to be kept by the board, and by licensed funeral directors and embalmers;

(o) prescribing the duties of the secretary-treasurer of the board;

(p) providing for, and fixing the amount of, a per diem allowance and an allowance for travelling and living expenses to members of the board while engaged upon the business of the board;

(q) respecting the registration of persons under section 19 and prescribing the fees for registration;

(q.1) for the purpose of section 15.1, specifying information that the board must make available to the public;

(q.2) for the purpose of section 16.2, specifying information that must be disclosed, requiring disclosure at times in addition to the time that is determined under subsection 16.2(2), and respecting the form and manner in which the information is to be disclosed;

(r) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act.

S.M. 2008, c. 26, s. 10.

Annual reports

18(1)       The board shall make a report to the minister, on or before June 30 in every year, showing

(a) the names and addresses of all licensed embalmers and funeral directors in Manitoba (specifying whether "embalmer" or "funeral director"), and in the case of a funeral director, the name under which his business is carried on;

(b) the names of all permit holders, the period of time each permit has been in force and the reason for each renewal of permit;

(c) the number of new certificates of qualification granted during the preceding year, and the names of the persons to whom they were granted;

(d) the number of applications for certificates of qualification refused during the preceding year, and the reason for refusal;

(e) the number of certificates of qualification revoked during the preceding year, and the reason for revocation;

(e.1) the number of reprimands issued and fines imposed during the preceding year, the name of each person reprimanded or fined, and the reason for the reprimand or fine;

(e.2) the number of licences or permits suspended or cancelled during the preceding year, the name of the licence or permit holder in each case, and the reason for the suspension or cancellation;

(e.3) the number of complaints received during the preceding year and their disposition;

(f) the amount of fees received during the preceding year;

(g) the revenue and expenditure of the board during the year in detail, and the assets and liabilities at the end of the year;

(h) the number, names and addresses of persons registered with the board in accordance with section 19;

(i) such matters as are directed by the minister.

Date of record

18(2)       The annual report shall be upon the basis of record as of December 31 in the previous year.

S.M. 2004, c. 42, s. 24; S.M. 2008, c. 26, s. 11.

No payment unless registered

19(1)       A funeral director shall not pay a fee, commission, or any other remuneration to any person who either directly or indirectly, for or on behalf of the funeral director, sells or offers for sale, or attempts to offer for sale, or negotiates a sale of any of the supplies or services provided by the funeral director, unless

(a) the funeral director registers the name of that person with the board and pays the prescribed registration fee; and

(b) the person complies with the information disclosure requirements in section 16.2 and the regulations.

No sales unless registered

19(2)       No person shall, either directly or indirectly, for compensation, reward, profit or promise or hope thereof, for and on behalf of a funeral director, sell, offer for sale, attempt to offer for sale or negotiate a sale of any of the supplies or services provided by the funeral director, unless he is registered with the board and complies with the information disclosure requirements in section 16.2 and the regulations.

Non-application of section

19(3)       This section does not apply to a person who is a regular and full time employee of a funeral director.

S.M. 2008, c. 26, s. 12.

Offences and penalties

20(1)       Every person who

(a) contravenes any of the provisions of this Act or the regulations; or

(b) not being a holder of an embalmer's licence, holds himself out as an embalmer or uses any sign, letters, words, or abbreviations implying that he is an embalmer; or

(c) not being the holder of a funeral director's licence, holds himself out as a funeral director or uses any sign, letters, words, or abbreviation implying that he is a funeral director;

is guilty of an offence and is liable, on summary conviction, to

(d) a fine of

(i) not more than $10,000 for a first offence, and

(ii) not more than $50,000 for each subsequent offence; or

(e) imprisonment for a term of not more than one year; or

(f) both a fine and imprisonment.

Corporation

20(2)       Where a corporation is guilty of an offence under this Act, any officer, director, or agent of the corporation who directed, authorized, assented to, acquiesced, or participated in the commission of the offences is a party to, and guilty of, the offence and is subject to the penalties prescribed under subsection (1).

S.M. 2008, c. 26, s. 13.

Expenses of board

21          The expenses incurred by the board shall be paid from and out of the fees and charges collected by the board.

Exemption from liability

22          No action lies, or shall be instituted, against any member of the board or any person acting on behalf of the board to recover any loss or damages alleged to have been suffered as a consequence of any act or omission in connection with the administration of this Act or the regulations.

C.C.S.M. reference

23          This Act may be referred to as chapter F195 of the Continuing Consolidation of the Statutes of Manitoba.

S.M. 2008, c. 26, s. 14.

 

 
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